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Home My WebLink About2010/04/13 Item 15 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: 4/13/10, Item / S PUBLIC HEARING TO CONSIDER WAIVING IRREGULARITIES IN THE BIDS RECEIVED FOR THE "STREET LIGHT IMPROVEMENT ALONG EAST L STREET BETWEEN MONSERATE AVENUE AND NACION AVENUE AND ADJOINING STREETS (STL328)" PROJECT PER CITY CHARTER SECTION 1009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AND AWARDING THE CONTRACT FOR THE "STREET LIGHT IMPROVEMENT ALONG EAST L STREET BETWEEN MONSERATE AVENUE AND NACION AVENUE AND ADJOINING STREETS (STL328)" PROJECT TOiO T. HWEST TRAFFIC SIGNAL SERVICE IN THE AMOUNT OF $90, 1 DIRECTOR OF PUBLIC WORKS ~ ~ ASSISTANT ~IRECTO OF ENGINEER~ CITY MANA .-.-- ASSISTANT CITY ANAGER S) 4/STHS VOTE: YES D NO ~ SUMMARY On March 10, 2010, the Director of Public Works received sealed bids for the "Street light Improvement along East L Street Between Monserate Avenue and Nacion Avenue and Adjoining Streets (STL328)" Project. The work consists of the installation of new street light standards with light emitting diode (LED) luminaires. This project also includes the removal and replacement of two existing overhead flashing yellow beacons. The proposed actions would waive a minor clerical error and award the contract to Southwest Traffic Signal Service. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class l(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. 15-1 4/13/10, Item \ S Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The installation of the streetlight and flashing beacofi improvements at these locations was approved and budgeted for the fiscal year 2007/2008 Capital Improvement Program (CIP). The streetlight improvement project was budgeted and scheduled to coincide with the utility undergrounding project along this segment of East L Street. The undergrounding work involves removing all of the overhead utilities and wooden poles and placing all utilities underground, thereby providing an aesthetic improvement along this corridor. San Diego Gas & Electric SDG&E) is completing the Undergrounding District #34 utility work and expects the removal of all utility wooden poles to be completed by August 2010. Both the City's and SDG&E's projects must be completed at approximately the same time to ensure a minimum interruption of services, including street lighting and utility services. Energy-efficient Light Emitting Diode (LED) luminaires will be used for this project. The scope of work for this project also includes upgrading and relocating two existing flashing beacons located between Mission and Nolan Avenues. These beacons warn drivers to slow down at the crest of a non-standard vertical curve. The new flashing beacons will be mounted on a traffic signal standard and will also use energy-efficient LED luminaires. On March 10, 20 I 0, the Director of Public Works received eight (8) bids for the "Street light Improvement along East L Street Between Monserate Avenue and Nacion Avenue and Adjoining Streets (STU28)" Project. The following bids were received: TOTAL CONTRACTOR SUB MITT AL RESULTS SUBMITTED I Southwest Traffic Signal Service- Missing Letter Authorizing $90,071 El Cajon, CA Capacity(ies) for Signature 2 Lekos Electric, Inc. - EI Cajon, CA Missing Letter Authorizing $92,180 Capacity(ies) for Signature 3 HMS Construction, Inc. - Vista, CA All requirements met $95,465 4 Curto Construction Company - La Missing Letter Authorizing $98,200 Mesa, CA Capacity(ies) for Signature 5 Palm Engineering - San Diego, CA Missing Letter Authorizing $99,700 Capacity(ies) for Signature 6 PTM General Engineering Services, All requirements met $105,105 Inc. - Riverside, CA 7 DB X, Inc. - Temecula, CA All requirements met $119,383 8 Southern Contracting Co - San All requirements met $119,566 Marcos, CA 15-2 4/13/10, Item~ Page 3 of 4 Southwest Traffic Signal Service (Southwest) of EI Cajon, California, submitted the apparent low bid proposal in the amount of $90,071. However, Southwest's bid proposal lacked the "Letter Authorizing Capacity(ies) for Signature" and staff deemed their bid proposal to be non- responsive. The "Letter of Authorizing Capacity(ies) for Signature" is used to identify who is authorized to legally bind the contractor and to sign bid proposals, contract documents, change orders, and other official communications between the contractor and the City. Staff informed Southwest that their bid proposal was deemed to be non-responsive; in response, Southwest requested a hearing to appeal staffs determination. During that hearing, Southwest submitted evidence, to which the City Attorney's Office concurred, that their bid proposal provided the functional equivalent of the "Letter of Authorizing Capacity(ies) for Signature" in that it named all of Southwest's Corporate Officers, was signed by the Vice President and Secretary, and the corporate seal was affixed. Therefore, staff recommends that the omission of the "Letter of Authorizing Capacity(ies) for Signature" is immaterial in this instance and that the contract be awarded to Southwest. The bid submitted by Southwest Traffic Signal Service is below the Engineer's estimate of $110,900 by $20,829 (19% below the Engineer's estimate); much of this difference can be attributed to the high degree of competition currently within the construction market. Design staff has verified the references provided by the contractor and has found their work to be satisfactory; Southwest has also performed satisfactorily under previous City contracts, both as a prime contractor and as a subcontractor. The Contractor's License No. 451115 is current and active. Disclosure Statement Attachment I is a copy ofthe Contractor's Disclosure Statement. Wage Statement The source of funding for this project is TransNet fund. Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid by sending "Notice to Contractors" to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 18705.2(b)(I). CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund as there are sufficient funds in existing CIP STL328 project necessary to complete the construction. Upon completion of construction, only the annual cost for energy and maintenance will be covered by the general fund. 15-3 4/13/10, Item ~ Page 4 of 4 FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $90,071 B. Contingencies (10%) $9,007 . C. Staff Time & Testing Costs $25,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $124,078 Sufficient funds are in the project account to complete construction. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will reqUIre only routine City street maintenance. ATTACHMENTS I. Contractor's Disclosure Statement Prepared by: Jose Luis Gomez. Project Manager, Public Works- Engineering, Design Section Roberto Juan, Associate Engineer, Public Works- Engineering, Design Section M:\Engineer\AGENDA\CAS2010\04~13~!O\STL328 Al13 Streetlight Improvement on E L St.doe 15-4 ATTACHMENT f CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Cbula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons baving a fmancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. )oj It! I 2. If any person' identified pursuant to (I) above is a corporation or partnersbip, list the names of all individuals with a $2000 investment in the business (corporation/partnersbip) entity. II /~ I 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ;I /p- f 4. Please identify every person, including any agents, employees, consultants, or independent contractors you bave assigned to represent you before the City in this matter. II/a- 5. Has any person' associated with this contract bad any financial dealings with an official" ~ CityofChula Vista as it relates to this contract within the past 12 months? Yes_No_ 26 M:\DesignWI Projects\STL\STL328\Spccifications - Pan. 2\STI.328 East L StIUt Street Light Contnlctdoc 15-5 If Yes, briefly describe the nature of e financial interest the official" may have in this contract It 6. Have you made a contribution of more than $2SJtwitbin the past twelve (12) months to a current member of the Chula Vista City Council? No Z Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? ~cludes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No If Yes, which official" and what was the nature of item provided? bate: 8 - ~ ~ ( 0 ~jJ~ SlgnrGn~l~~'YiW~t&i~cant Vice President Print or type name of Contractor/Applicant , Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver. syndicate. any oilier county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member. Planning Commissioner, Member of a board, commission. or committee of the City, employee, or staff members. 28 M:\Design\All Project5\STL\STL328\Specifications - Part2\sTl.328 East L Stre.cl Street Light Contractdoc 15-6 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AND A WARDING THE CONTRACT FOR THE "STREET LIGHT IMPROVEMENT ALONG EAST L STREET BETWEEN MONSERA TE A VENUE AND NACION AVENUE AND ADJOINING STREETS (STL328)" PROJECT TO SOUTHWEST TRAFFIC SIGNAL SERVICE IN THE AMOUNT OF $90,071 WHEREAS, City staff prepared specifications for the "Street light Improvement Along East "L" Street Between Monserate Avenue and Nacion Avenue and Adjoining Streets (STL328)" and advertised the project on February 19,2010; and WHEREAS, on March 10, 2010, the Director of Public Works Engineering received eight (8) sealed bids for the project as follows: CONTRACTOR SUBMITTAL RESULTS TOTAL SUBMITTED 1 Southwest Traffic Signal Missing Letter of Authorizing $90,071.00 Service - EI Cajon, CA Capacity. 2 Lekos Electric, Inc. - El Missing Letter of Authorizing $92,180.00 Cajon, CA Capacity. 3 HMS Construction, Inc. - All requirements met $95,465.00 Vista, CA 4 Curto Construction Company Missing Letter of Authorizing $98,200.00 - La Mesa, CA Capacity. 5 Palm Engineering - San Missing Letter of Authorizing $99,700.00 Diego, CA Capacity. PTM General Engineering 6 Services, Inc. - Riverside, All requirements met $105,105.00 CA 7 DBX, Inc. - Temecula, CA All requirements met $119,383.00 8 Southern Contracting Co - All requirements met $119,566.00 San Marcos, CA WHEREAS, the low bid submitted by Southwest Traffic Signal Service of El Cajon, CA in the amount of $90,071.00 was deemed as an incomplete bid during the review of the bid proposal. Missing Letter of Authorizing Capacity was noted; and WHEREAS, Southwest Traffic Signal Service requested a hearing to appeal staffs determination; and 15-7 WHEREAS, during that hearing, Southwest Traffic Signal Service submitted evidence, to which the City Attorney's Office concurred, that their bid proposal provided the functional equivalent of the "Letter of Authorizing Capacity for Signature"; and WHEREAS, staff recommends that the omission of the "Letter of Authorizing Capacity for Signature" is immaterial in this instance and that the contract be awarded to Southwest Traffic Signal Service; and WHEREAS, the low bid by Southwest Traffic Signal Service is below the Engineer's estimate of $11 0,900 by $20,829 (19%). Staff has verified the references provided by the contractor with satisfactory results. The contractor has performed various work for the City of Chula Vista and other Cities and Counties and their work has been satisfactory. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive irregularities, accept bids and award contract for the "Street light Improvement along East "L" Street between Monserate Avenue and Nacion Avenue and Adjoining Streets (STL328)" Project to Southwest Traffic Signal Service in the amount of $90,071.00. ./1 Presented by / , Richard A. Hopkins Director of Public Works 15-8